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2025 Supreme(Online)(P&H) 18672

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
MUKESHBHAI SHANKARBHAI CHAUDHARY AND ANR – Appellant
Versus
STATE OF PUNJAB – Respondent



IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Reserved on : 16.10.2025 Pronounced on : 29.10.2025 Mukeshbhai Shankarbhai Chaudhary & Anr.

.... Petitioners VERSUS State of Punjab ..... Respondent CORAM: HON’BLE MR. JUSTICE SURYA PARTAP SINGH Argued by: Mr. Shiv Kumar Sharma, Advocate for the petitioners.

Mr. K.D. Sachdeva, DAG Punjab.

*****

SURYA PARTAP SINGH, J.

1. For the commission of offence punishable under Sections 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, hereinafter being referred to as ‘NDPS Act’ only, the FIR No.69 dated 12.08.2019 has been lodged in Police Station S.G.N. Dev Thermal Plant, District Bathinda. The petitioners are being prosecuted for the commission of abovementioned offence and they have been arrested. The petitioners are in custody and, therefore, craving for bail. This is first petition, filed by the petitioners, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

2. In nut-shell, the facts emerging from record are that the FIR of this case came into being on 12.08.2019, when a tip-off given to Constable Gurjiinderpal Singh was shared by him with Inspector Gurdeep Singh.

According to abovementioned information, Sunil Kumar @Sonu S/o Rachhpal Kumar Aggarwal R/o Maurh Mandi, who was confined in Central Jail Bathinda in a case pertaining to FIR No.100 dated 11.07.2019, and that he had stored contraband of intoxicant tablets in the warehouse of some transport company in the area of Transport Nagar, Bathinda. According to prosecution, finding the information trustworthy, the production warrants of Sunil Kumar @Sonu was obtained, and his custody was taken over.

3. According to prosecution, during the course of interrogation, Sunil Kumar @Sonu had disclosed that 2,34,000 tablets make Tredol-100 (contained in 10 boxes) were kept in the premises of Kuthari Transport Bathinda. As per prosecution, in view of abovementioned information, when search in the store of Kuthari Transport Bathinda was conducted, 2,34,000 tablets of Tredol-100 were recovered. It is the case of the prosecution that pursuant to abovementioned recovery, the accused Sunil Kumar @Sonu was arrested in the present case also, and when the source, from where the abovementioned tablets were procured, was searched, it was found that the abovementioned intoxicant tablets were manufactured by ‘Neutec Healthcare Pvt. Ltd. Delhi’, and supplied to ‘M/s Shri Shakti Medical Agency (Wholesale)’, Deesa, District Banaskatha, Gujarat, who sent the same through Kuthari Transport. The prosecution has further alleged that the bilty with regard to transportation of abovementioned contraband was got issued by ‘M/s Lifeline Medical Agency’, which was registered in the name of Arvind Bhai and Mukesh Bhai, i.e. the petitioners.

4. It is the case of the prosecution that during the course of investigation, it was found that the accused Patel Bharmal Bhai @Bharmalbhai, his brother Ramesh Bhai and the petitioners had connived with each other and made a chain for supply of intoxicating tablets to the accused Rakesh Kumar, Sunil Kumar and Varinder Kumar at Bathinda. As per prosecution on the basis of abovementioned credible facts, co-accused of the petitioners, namely Patel Bharmal Bhai @Bharmalbhai and Ramesh Bhai, were nominated and thereafter, arrested.

5. Heard.

6. It has been argued on behalf of petitioners that the petitioners are innocent having no nexus, whatsoever, with the commission of crime, and that, merely, on the basis of disclosure statement of accused, who was already in police custody, the petitioners have been roped-in, in the present case. According to learned counsel for the petitioners, the petitioners were having valid drug license in the name of M/s Lifeline Medical Agency, w.e.f. 17.12.2012 to 16.12.2023.

7. According to learned counsel for the petitioners, the only role attributed to the petitioners is that they were consigners of the contraband. With regard to above, the learned counsel for the petitioners

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